A PERSON, is he, whose words or actions are considered, either as his own, or as representing the words or actions of another man, or of any other thing, to whom they are attributed, whether truly or by fiction.
Person natural, and artificial.
When they are considered as his own, then is he called a natural person: and when they are considered as representing the words and actions of another, then is he a feigned or artificial person.
The word person, whence.
The word person is Latin: instead whereof the Greeks have πρόσωπον, which signifies the face, as persona in Latin signifies the disguise, or outward appearance of a man, counterfeited on the stage; and sometimes more particularly that part of it, which disguiseth the face, as a mask or vizard: and from the stage, hath been translated to any representer of speech and action, as well in tribunals, as theatres. So that a person, is the same that an actor is, both on the stage and in common conversation; and to personate, is to act, or represent himself, or another; and he that acteth another, is said to bear his person, or act in his name; in which sense Cicero useth it where he says, Unus sustineo tres personas; mei, adversarii, et judicis: I bear three persons; my own, my adversary’s, and the judge’s; and is called in divers occasions, diversly; as a representer, or representative, a lieutenant, a vicar, an attorney, a deputy, a procurator, an actor, and the like.
Of persons artificial, some have their words and actions owned by those whom they represent. |Actor.| And then the person is the actor; |Author.| and he that owneth his words and actions, is the AUTHOR: in which case the actor acteth by authority. For that which in speaking of goods and possessions, is called an owner, and in Latin dominus, in Greek κύριος speaking of actions, is called author. And as the right of possession, is called dominion; |Authority.| so the right of doing any action, is called AUTHORITY. So that by authority, is always understood a right of doing any act; and done by authority, done by commission, or licence from him whose right it is.
Covenants by authority, bind the author.
From hence it followeth, that when the actor maketh a covenant by authority, he bindeth thereby the author, no less than if he had made it himself; and no less subjecteth him to all the consequences of the same. And therefore all that hath been said formerly, (chap. [XIV]) of the nature of covenants between man and man in their natural capacity, is true also when they are made by their actors, representers, or procurators, that have authority from them, so far forth as is in their commission, but no further.
And therefore he that maketh a covenant with the actor, or representer, not knowing the authority he hath, doth it at his own peril. For no man is obliged by a covenant, whereof he is not author; nor consequently by a covenant made against, or beside the authority he gave.
But not the actor.